Eaker v. Floyd
Supreme Court of South Carolina
Before Frank 'B. Gary, J., Appeal from order of Circuit Court made on appeal from a magistrate’s Court, in action brought by G. W. Eaker against W. M.. Floyd.
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Before Frank 'B. Gary, J., Appeal from order of Circuit Court made on appeal from a magistrate’s Court, in action brought by G. W. Eaker against W. M.. Floyd. The Circuit Court granted a new trial before another magistrate. . The magistrate before zvhom the nezv trial was ordered was not the magistrate before whom the trial should be had, not being the next nccifl'est magistrate to the original magistrate, qualified to try the case: Const., V 23; Code Civil Proc., sec. 23; 25 Stats. 1149; 26 Stats. 114 to 118; 1 Code of Laws, sec. 1465; 1 Suthl. Statutory Construction 465. Affidavit on zvhich…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This is an appeal from an order of the Circuit Court granting a new trial in a case removed into that Court by appeal from a magistrate’s Court. 'It does not appear that the decision was influenced by any error of law, or that this Court could render judgment absolute upon the right of the appellant, if it should determine that no error was committed in granting the new trial. The order is, therefore, not appealable. Daughty v. Railroad Co., 92 S. C. 361, 75 S. E. 553; Kirkland v. Railway, 93 S. C. 574, 77 S. E. 709; Miller v.…
2Cases cited3 opinions
- Daughty v. Northwestern RailroadSupreme Court of South Carolina · 1912
- Miller v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1913
- Kirkland v. Augusta-Aiken Railway & Electric Corp.Supreme Court of South Carolina · 1913
3Cited by1 opinion
- Snipes v. Davis, Director GeneralSupreme Court of South Carolina · 1925